HomeMy WebLinkAboutCity Council Resolution 133 RESOLUTION NO./F
RESOLUTION AUTHORIZING ACCEPTANCE OF
OFFER, ACCEPTANCE OF GRANT, AND
.AUTMQRIZING THE CITY TO ENTER INTO A
BETT~NT AGREEMENTWITH - GEORGE J. PATTY
The City Council of the City of Saratoga hereby
resolves as follows:
SECTION I: Reference is made to that certain
grant from George J. Ratty and Ilonka
Patty, his wife, to the City of Saratoga, dated
7, 1962, and relating to the relinquish-
ment by said parties to the City of Saratoga of
the right to use certain real property in this
City known as '!~ildwood Park" as a .public park,
outdoor dance or other amusement center
open to the at which alcoholic beverages
are allowed be consumed° Said grant is hereby
accepted by the City Council of the City of Saratoga
of
of Acceptance and attach the same to said grant
and to cause the same to be recorded in the
Office of the Santa Clara County Recorder.
SECTION 2: The City Council having heretofore,
by Resolution No./_31--, found and
determined that there has beens'~SF~tantial com-
pliance by George J. Ratty with the conditions of
Use Permit UP-33-1 heretofore granted by the
Planning Cemmission of this City, and having
heretofore revoked the:!~sus.pension of said Use
Permit on the basis of ~He additional evidence
that said use will not continue on or after
October 1, 1962, and having examined the offer
of George J. Ratty and Ilonka Ratty, his wife,
dated September 7, 1962, and relating to the
full and final settlement of disputes between
this Cit' and said 'ties concerning the use by
said [ of real property under exist-
ing zoning regulations, .and this City being desir-
ous of acc, said offer and entering into said
agreement settlement, the Mayor of this City
be and he i.s hereby directed, for and on behalf
of this tit, to accept said offer and to enter
into said :lement agreement, A copy of said
offer and agreement is attached hereto and in-
corporated herein by reference.
S~CTION 3| The City Attorney of the City of
Saratoga is hereby authorized and
directed to join with the attorneys for George
J. Ratty and Ilonka Ratty in dismissing with
-1-
rejudice that certain action No. 139364 in the
uperior Court of the State of California in and
for the Coumty of Santa Clara.
The above and foregoing resolution was passed and
adopted at a regular meeting of the City Council of the
City of Saratoga held on the day
1962, by the following vote:
ATTEST:
~-,,_,,___.
O~ERAND AGREDIENT OF SETTLEI~NT OF DISPUTE
THIS AGREEMENT made and entered into by and between
the CITY OF SARATOGA, a Municipal corporation, hereinafter
called "CITY", and GEORGE J. RATTYand ILONKARATTY, his
wife, heroinafter collectively referred to as "RATTY":
RECITALS
1. Ratty is the owner of all the real property more
particularly described on Exhibit "A" attached hereto, and
consisting of some four (4) acres of land more or less
located in the City of Saratoga, County of Santa Clara, State
of commonly known as 'Wildwood Park".
2. Said real p~operty is presently zoned by City for
single-family residences. On November 27, 1961, City's
.... Planning Commission granted Ratty a use permit under certain
provisions of City's 8~dinance NS-3 relating to use permits
for non-conforming uses in residential zones, permitting
the continuation of the pre-existing use of said premises of
a park, outdoor dance hall or amusement center open to members
of the public and at which alcoholic beverages are sold or
allowed to be consumed, subject to nine (9) conditions. Both
parties hereto are familiar with said use permit, and refer-
ence is hereby made to said resolution for further particulars,
original of which resolution is presently on file in the
offices of City.
3. On August 13, 1962, hearing was held by the Planning
Commission of City to determine whether or not there had
been compliance by Patty with the conditions of such use
permit, City having theretofore notified Ratty that said
use permit was suspended by reason of non-compliance, and
-1-
after said hearing said Plannir~ Commission did thereupon
affirm that said use pendt was suspended for condition
violation,
4. Thereafter, on August 17, 1962, Ratty commenced
civil action No. 139364 in the Superior Court of the State
of California in and for the County of Santa Clara, seeking
an injunction against City to prevent City from enforcing
Ordinance NS-3 and the conditions of said use permit; on
August 28~ 1962, City commenced an action against Ratty
by means of cross-complaint, seeking inJunctive relief
against Ratty and his successors in interest against the
use of said property as set forth in Recital 2 hereof, on
the grounds of ordinance and pexquit condition violation and
on the additional ground of public nuisance under State
statutes. Hearing is presently set on said preliminary
injunctions for September 13, 1962.
5. Ratty has appealed from the Planning Commission
decision of August 13, 1962, to the City Council of City,
requesting that said City Council find that there has been
substantial compliance with the conditions of said permit,
and that the suspension of said permit should be revoked.
Said hearing on appeal is presently set before the City
Council of City on September 19, 1962.
6. Patty is not desirous of using said real property
for any of the purposes permitted by said use permit from
and after October 1, 1962, and intends to permanently and
forever abandon such uses from and after such date. To
conclusively establish such abandonment, Ratty contemporaneously
herewith has executed and delivered to City Exhibit
attached hereto and incorporated herein by reference.
-2~
This evidence was not presented to the Planning Commission
at its hearing of August 13, 1962, and is a new factor to
be considered in det.ermining whether or not Ratty has sub-
stantially complied with the conditions of said permit.
7. A dispute and controversy exists between Ratty and
City as to all matters set forth in the hereinabove described
action No. 139364 and as to what rights, if any, Fatty or
his successors in interest have to use said property as
hereinbefore set forth, and the parties hereto are desirous
of forever settling said disputes and controversies.
NOW, THE~ORE, Ratty hereby offers to enter into the
hereinafter set' forth contract with City, fully and finally
settling any and all of said disputes, and bases his offer,
amongst other things, on the additional evidence to be pre-
sented to City at its next regular meeting of September 19,
1962, as more particularly set forth in Exhibit "A" attached
hereto. This offer shall remain irrevocably open to City
until twenty-four (24) hours after the close of the next
regular City Council meeting of City to be held on September
19, 1962, and in addition to other valuable consideration,
consideration for such irrevocable offer shall be City's
through its City Attorney or otherwise, from
seeking a temporary restraining order or other civil relief
against the use by Patty of said property as per Recital 2
above for the date of Sunday, September 9, 1962, on which
date Ratty presently plans to conduct an outdoor picnic,
banquet and dance on said premises. Said offer shall become
effective upon the execution of this document by Ratty
on or before Midnight, September 7, 1962.
-3-
Should City accept the above set forth offer, then this
document shall constitute a contract between Ratty and City
wherein it is mutually agreed by the parties hereto as follows:
(A) The hereto will dismiss with prejudice
that certain action No. 139364 in the Superior Court of the
State of California in and for the County of Santa Clara,
more particularly described in Recitals hereto, and will
cause the hearing on the preliminary injunctions to be placed
off the court calendar.
(B) Rattymay conduct the uses described in Recital 2
of this document on said premises on the dates of September
9, SeptemberS3, and 8eptember30, 1962, in compliance. with
the use permit and conditions hereinabove described but
without further compliance with Condition 1 of such permit.
This provision does not constitute the condonation of any
violation of law by Ratty, but rather constitutes a finding
by City that there has been substantial compliance by Ratty
with all conditions of such permit, and that the suspension
of said permit should be and is hereby revoked.
(C) Ratty agrees to and does hereby abandon the use as
more particularly described in Recital 2 hereof as of October
1, 1962, and authoriz.es the Planning Commission and/or the
City Council of City to revoke and terminate with prejudice
the hereinbefore described use permit set forth in Resolution
UP-33-1 of City, as of October 1, 1962. In addition to
constituting a covenant, upon execution of this agreement by
City, Patty acknowledges that the representations contained
in this paragraph and in this entire document shall estop
Ratty from ever claiming that said use was not permanently
abandoned from and after October 1, 1962.
-4-
(D) The parties acknowledge that Ratty is presently
seeking to sell said real property and that there presently
is on file with City a petition from a prospective pur-
chaser to re-zone the same. This agreement is in no way
conditional or contingent in any manner upon any re-zoning
of said property and shall be binding on all parties
of whether or not said property is ever re-zoned
by City.
(E) This agreement shall be bindin~ upon the heirs,
administrators, successors in interest and assigns o£ the
parties hereto.
Dated this 7th day of September, 1962.
!
& HOLMES
B
Y
RATTY
The hereinabove set forth offer of Ratty is hereby
accepted, and the hereinabove set forth agreement is hereby
entered into on this .y of September, 1962.
CITY OF SARATOGA, a Munici' corporation
.yor
A~ST:
City ~ierk
APPROV~
B
-5-
and asst. Sn to ~ ~ '~ $~~, a ~:et~l ~oration,
all ,~[r' .~oss.esS=~ ~d :~l~ r~ts to use the h~e-
~MfV~ ~oevLb,~, rM1 pr~"gY ~or the foll~ng uses~
$a~d ml ~~y tS ~e pa~:t:cularly d, ertbed as
~.S grant s~ll become etl~'e,c~t'v,e on October i, 196l,
d' ~:he; City .w~ S.ara'~oga. ~e:~a~e by t~ City o~
Shall 8wns~i~;~e i~s ~re~t not ~o ~ran;s.~er,
~;a~l: 'h~ein ~r:ant;e.g it, Save and ~cept Che rtgh~ to
a~ edo~e~ ,, ~ s~ qa.i~t any tn~ring~nt or
Y